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HomeMy WebLinkAbout11/16/2023 - Water Commission - AGENDA - Regular Meeting WATER COMMISSION REGULAR MEETING AGENDA November 16, 2023 5:30 – 7:30 p.m. Online via Zoom or in person at 222 LaPorte Ave, Colorado River Community Room 11/16/2023 Agenda Page 1 The Water Commission advises City Council regarding water, wastewater, and stormwater policy issues such as water rights, planning, acquisition and management, conservation and public education, floodplain regulations, storm drainage, and development criteria. Read more at https://www.fcgov.com/cityclerk/boards/water. This hybrid Water Commission meeting is available online via Zoom, phone, or in person in the Colorado River Community Room of 222 LaPorte Ave. You may join the meeting beginning at 5 p.m. Participants should join at least 15 minutes prior to 5:30 p.m. start time. ONLINE PUBLIC PARTICIPATION: You will need an internet connection on a laptop, computer, or smartphone, and may join the meeting through Zoom at https://fcgov.zoom.us/j/98568801045 Webinar ID: 985 6880 1045 (Using earphones with microphone will improve the audio). Keep yourself on muted status. For public comments, the Chairperson will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to comment. PUBLIC PARTICIPATION BY PHONE: Please dial +1 346 248 7799 and enter Webinar ID 985 6880 1045. Keep yourself on muted status. For public comments, when the Chair asks participants to click the “Raise Hand” button if they wish to speak, phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Water Commission. When you are called, press *6 to unmute yourself. PUBLIC PARTICIPATION IN PERSON: To participate in person, individuals should come to the Colorado River Community Room of 222 LaPorte Ave and be prepared to follow strict social distancing guidelines. There may be needs to limit the number of individuals in the meeting room, and thus staging for individuals to speak may need to occur in the lobby or outside (weather permitting). Individuals who wish to speak will line up along the northern wall, maintaining physical distancing. The chairperson will call upon each participant to speak. (Continued on next page) WATER COMMISSION REGULAR MEETING November 16, 2023, 5:30 – 7:30 p.m. Online via Zoom or in person at 222 LaPorte Ave, Colorado River Community Room 11/16/2023 Agenda Page 2 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA REVIEW 4. COMMUNITY PARTICIPATION (3 minutes per individual) 5. APPROVAL OF MINUTES: Oct. 19 6. UNFINISHED BUSINESS: None 7. NEW BUSINESS a. Staff Reports i. Water Resources Quarterly Report (10 minutes) (No presentation/Staff available for questions) Michael Neale, Water Resources Engineer Jen Dial, Water Resources Division Manager ii. Memo: Water Supply Requirements Next Steps (10 minutes) (No presentation/Staff available for questions) Jen Dial, Water Resources Division Manager iii. Financial Monthly Report (Meeting packet only/No presentation) Documents to Share: Any document or presentation a member of the public wishes to provide to the Water Commission for its consideration must be emailed to KaMartinez@fcgov.com at least 24 hours before the meeting. Provide Comments via Email: Individuals who are uncomfortable or unable to access the Zoom platform or participate by phone are encouraged to participate by emailing comments to the above email address at least 24 hours prior to the meeting. If your comments are specific to any of the discussion items on the agenda, please indicate that in the subject line of your email. Staff will ensure your comments are provided to the Water Commission. WATER COMMISSION REGULAR MEETING November 16, 2023, 5:30 – 7:30 p.m. Online via Zoom or in person at 222 LaPorte Ave, Colorado River Community Room 11/16/2023 Agenda Page 3 b. Regular (Action) Items i. Ordinance Authorizing Intergovernmental Agreement (IGA) Regarding Operation and Maintenance of Boxelder Creek Watershed Dams (Presentation: 20 minutes, Discussion & Action: 10 minutes) Ken Sampley, Director of Stormwater Engineering and Development Review This item is meant to provide an overview of the City’s upcoming intergovernmental agreement with numerous stakeholders regarding operation and maintenance of Boxelder Creek Watershed Dams (B-Dams B- 2, B-3, and B-4). All involved stakeholders seek adoption from their respective governing bodies; several have already received approval. Water Commission recommended at its June 20, 2019 meeting that City Council adopt an IGA between the same Boxelder Creek Watershed B-Dams stakeholders to develop an approach for construction of updates and maintenance of the B-Dams in the upper Boxelder Creek Watershed. Staff requests a recommendation from Water Commission ahead of a presentation and ordinance first reading at the Dec. 5 City Council meeting. Approval and second reading is scheduled for Dec. 19. 8. COMMISSIONER REPORTS (Committees, Event attendance, etc.) 9. OTHER BUSINESS (Commissioner concerns, Announcements) a. Approval of 2024 Work Plan (Presentation: 10 minutes, Discussion & Action: 10 minutes) Chairperson Radin will request comments from Water Commissioners. b. Boards & Commissions “Super Issues” Meeting The Dec. 4 meeting of boards and commissions members will feature staff presentations on Halligan Water Supply Project and the Water Efficiency Plan. Commissioners are encouraged to register via Engage ( https://engage.fcgov.com/ ) and attend the event. 10. ADJOURNMENT DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING Oct. 19, 2023, 5:30-7:30 p.m. Hybrid in person at 222 LaPorte Ave and online via Zoom 10/19/202 3 – DRAFT Unapproved MINUTES Page 1 The Water Commission advises City Council regarding water, wastewater, and stormwater policy issues such as water rights, planning, acquisition and management, conservation and public education, floodplain regulations, storm drainage, and development criteria. Read more at https://www.fcgov.com/cityclerk/boards/water. 1. CALL TO ORDER 5:30 p.m. 1. ROLL CALL • Commissioners Present In Person: Jordan Radin (Chairperson), Paul Herman (Vice Chairperson), Kent Bruxvoort, Rick Kahn, Jason Tarry • Commissioners Present via Zoom: Tyler Eldridge, Greg Steed • Commissioners Absent - Excused: James Bishop, John Primsky • Staff Members Present In Person: Jason Graham, Katherine Martinez, Jeremy Woolf, Randy Reuscher, Lance Smith, Kendall Minor, Jill Oropeza, Heather Young • Staff Members Present via Zoom: Katie Collins • Members of the Public: None 2. AGENDA REVIEW • Chairperson Jordan Radin briefly summarized items on the agenda 3. COMMUNITY PARTICIPATION: None 4. APPROVAL OF MINUTES Chairperson Radin asked for comments and revisions on the draft Aug. 17 minutes. Vice Chairperson Herman moved to approve the Aug.17 minutes. Commissioner Bruxvoort seconded the motion. Vote on the motion: it passed unanimously, 7-0 5. UNFINISHED BUSINESS Memo: Follow Up on Council Priority #19 including Larimer County Urban Area Street Standards (LCUASS) updates in the current proposal. Discussion Highlights Commissioners commented on the City’s responsibility to mention total cost. DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 10/19/2023 – DRAFT Unapproved MINUTES Page 2 6. NEW BUSINESS a. Staff Reports i. Memo: Cache la Poudre Water Quality Seasonal Update No discussion ii. Floodplain Management Public Information Committee Annual Report No discussion iii. Financial Monthly Report Discussion Highlights Commissioners commented on or inquired about various related topics including about horizontal bar chart (reflects revenue from monthly service but not total) on revenue and expense numbers; tables show complete revenues. iv. Memo: Hill Pond Feasibility Study Project Update Mr. Graham summarized the memo: Hill Pond is privately owned by Arthur Ditch Company and located off Shields Street; not open to the public, but from the trail, property owners on north side can access it; high use by community members using trail on south side of pond; recreational and environmental habitat use; two home owners associations (HOAs) involved: one reached out to a City Councilmember about erosion; City staff assessed whether City has a role to play; gate controlled by ditch company; HOA would like it to be controlled in such a way that it doesn’t cause erosion; however, no water storage agreement exists between ditch company and HOA, so ditch company can run the water as they want; ditch company is protecting its right to run the water the way it chooses to; other entities have a legal obligation for environmental concerns; City’s issue is how to best manage the water; community review through Budgeting for Outcomes (BFO) process and money was provided (half of $60,000 to Utilities and half to Parks). Discussion Highlights Commissioners commented on or inquired about various related topics including question about City spending public funds for a private benefit (south portion is public City trail access); bike trail interest; interest in the sense of community asset by trail users. b. Regular Items i. 2024 Utilities Rates and Fees Lead Analyst-Utility Rate Randy Reuscher presented on the proposed rates DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 10/19/2023 – DRAFT Unapproved MINUTES Page 3 and answered questions along with Community Engagement Manager Heather Young and Utilities Strategic Finance Director Lance Smith. This item was rescheduled from the Sept. 21 meeting that was cancelled due to technical difficulties. Staff presented this item to City Council on Oct. 17 (Council approved the proposed rates on first reading of the ordinance) and seek Water Commissioners’ recommendation to Council to approve the proposed 2024 Utility Rates and Fees before the second reading on Nov. 21. This agenda item is related to Strategic Outcome “Economic Health 3.5 Invest in and maintain utility infrastructure and services while ensuring predictable utility rates.” 2024 proposed increases are 5% for Electric, 4% for Water, 4% for Wastewater, and 3% for Stormwater. Ms. Young summarized the assistance provided to income-qualified community members (emergency assistance, efficiency upgrades, and seasonal & monthly assistance). Discussion Highlights Commissioners commented on or inquired about various related topics including whether infrastructure replacement is funded by development fees or operations budget (Mr. Reuscher replied that replacements and improvements are funded by operations budget); observation that Utilities is falling short on linear replacement (due to budget restrictions); rate increases will help support rising cost of infrastructure replacement; big infrastructure projects and related upcoming costs (capital improvement projects); Capital Improvement Plan and budget process address the most critical infrastructure improvements first; replacement schedule; majority of capital projects are funded through Utilities rates (Halligan Water Supply Project and other projects are funded by debt issuance/government bonds). Vice Chairperson Herman moved that the Water Commission recommend City Council adopt the proposed changes to the Utility water, wastewater and stormwater rates as presented. Commissioner Bruxvoort seconded the motion. Vote on the Motion: it passed unanimously, 7-0 ii. Capital Improvement Plan (CIP) Priorities and Methodology Senior Director of Integrated Water Operations Jeremy Woolf summarized Water Utility staff’s process for ranking capital improvement projects in the DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 10/19/2023 – DRAFT Unapproved MINUTES Page 4 CIP including scoring using the following factors: regulatory mandate, safety/security, reliability, economic benefit, equity (Title IA schools, ethnically diverse communities within the City of Fort Collins), One Water approach (all water has value), and strategic outcome alignment. Future state: continuous improvement by evaluating previous levels of success, increase community engagement, alignment with One Water strategy, development of projects in alignment with One Water, utilization of technology and improved data; process modification and automation. Conclusion: Prioritization process provides a starting point from which to rank capital projects; the process is flexible; future process will incorporate lessons learned from 2025-2026 Budgeting For Outcomes (BFO) process. Next step: Staff will forward priorities to Utilities Finance for the BFO process. Commissioners will have the opportunity to weigh in on priorities before the next budget cycle. Discussion Highlights Commissioners commented on or inquired about various related topics including request for practical example of negative impacts of a project (related to the Equity Opportunity Assessment Map)(Mr. Woolf responded: anything that would contribute to air pollution that is adjacent to one of the vulnerable communities); how staff evaluates new infrastructure versus replacement of current infrastructure; Maximo asset management software; inefficiencies of emergency repairs versus replacement program (capital improvement plan); the importance of staff “marketing” priorities within the BFO process; initial vision of the One Water staff structure to prevent competition within the Water Utility for funding; suggestion to provide higher visibility of priorities; stormwater: is floodplain management and risk management part of safety and security criteria: yes; good work by staff on this prioritization process: provides more clarity into the process; impressive tool developed; staff desire for digital twins in the entire system; Maximo implemented six years ago, and still need comprehensive data of all assets listed, plus confidence in accuracy of that data, culture shift needed to provide the data and understanding of the benefit; about 60% of all Utilities assets are currently in Maximo. 7. COMMISSIONER REPORTS a. Summary of Sept. 28 Halligan Water Supply Project Tour Project info: https://www.fcgov.com/halligan/ DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 10/19/2023 – DRAFT Unapproved MINUTES Page 5 Community Engagement Specialist Honora Thompson and Halligan Project Manager Darren Parkin led the tour attended by commissioners and AECOM consulting firm representatives. Dam was built in 1909 and is owned by City; water is owned by North Poudre Irrigation Company (NPIC); complex construction required for the new dam to be built downstream of existing dam. Discussion Highlights Commissioners commented on or inquired about various related topics including being impressed by Mr. Parkin and level of knowledge he’s acquired since becoming project manager in April; possibility of nesting raptor near construction site; appreciation of staff time and effort in coordinating the tour. Mr. Graham answered a commissioner’s question during tour: no restrictions on how we can release water except for ramp up and ramp down process. 8. OTHER BUSINESS a. Boards & Commissions Inputs to 2024 City of Fort Collins Strategic Plan Budget Office has requested optional inputs on the 2024 Strategic Plan and how best to achieve outcomes. Staff will review feedback in November. Discussion Highlights City Strategic Plan Outcomes associated with Water Utilities are Environmental Health, Safe Community, and High Performing Government. Importance to the Budgeting For Outcomes (BFO) process: i.e. staff budget offers that are related to three Outcomes have a better chance of being funded than offers that are related to only one Outcome. As Water Utility develops a One Water strategy: affordable housing, development, nexus of water plan and urban development plan. Outcome 1: Environmental Health: Water safety/conservation/storm and flood management: front and center. Outcome 2: Safe Community: front and center. Culture, Recreation, Economic Health overlap Outcome 3: High Performing Government: Managing existing assets well, DRAFT UNAPPROVED MINUTES WATER COMMISSION REGULAR MEETING 10/19/2023 – DRAFT Unapproved MINUTES Page 6 maintaining services; to see the value of what we have and value of maintaining it (e.g. Parks Department challenge of building new parks but not having the money to maintain them); strong agreement by other commissioners. Outcome 4: Economic Health: Water plays a part of this in Fort Collins; has influence and effect on economic health; value of water, development, tap fees; rate increases: are we spending money efficiently? Outcome 5: Neighborhood Livability and Social Health. Next steps: Budget Office staff will evaluate all Boards and Commissions inputs in November. Staff Liaison will update Water Commissioners. b. Ex Officio Member City Council will discuss the topic of ex officio members at its Oct. 24 work session. Does the Water Commission wish to keep City Code as is, or remove the ex officio member if commissioners don’t believe one if necessary? Discussion Highlights: Commissioners inquired “Does Larimer County believe it’s critical? If so, why has it never acted on it?” Commissioners agreed they would welcome a county representative attending Water Commission meetings. c. 2024 Water Commission Work Plan i. Discuss ideas for draft 2024 Work Plan. Commissioners will vote to approve the plan on Nov. 16 Chairperson Radin will share revised draft for commissioners to review before the next meeting. d. Commissioners Bruxvoort and Tarry’s terms will end in March 2024. e. One Water Summit: Water Utilities Executive Director Jason Graham, Senior Director-Integrated Water Operations Jeremy Woolf, and Senior Director-Integrated Water Sciences & Planning Jill Oropeza will attend. Acting Staff Liaison for Nov. 16 meeting to be announced. 9. ADJOURNMENT: 7:27 p.m. These minutes will be approved by the Water Commission on Nov. 16, 2023 Utilities electric · stormwater · wastewater · water 700 Wood Street PO Box 580 Fort Collins, CO 80522 970.212.2900 V/TDD: 711 utilities@fcgov.com fcgov.com/utilities M E M O R A N D U M DATE: September 9, 2023 TO: Water Commission FROM: Michael Neale, Water Resources Engineer & Water Resources Division Staff RE: November 2023, Quarterly Water Resources Division Staff Report Purpose This memorandum is intended to update the Water Commission on water resource conditions for the City of Fort Collins Water Utility (Water Utility) over the last quarter, entire water year, and provide updated outlook information. For additional information, please refer to the City’s website: https://www.fcgov.com/utilities/water-status Water Resources Summary Water Year 2023 Supply and Demand • Annual supply to date has consisted of 40% from the Cache la Poudre and 60% from Horsetooth Reservoir. • Annual demand to date is currently 86% of projected demand. Cache la Poudre River flow: • The Cache la Poudre River at the Canyon Mouth Gauge peaked at 2,590 CFS on June 17th. • Cache la Poudre native flows totaled 339,038 AF from Nov 2022 – Oct 2023, measured at the Canyon Mouth Gauge. This is 119% of the 1950 – 2022 average of 284,000 AF. • Graphical data for the Poudre River is available on-line at: • Cache La Poudre River at the Canyon Mouth https://dwr.state.co.us/Tools/Stations/CLAFTCCO?params=DISCHRG • Cache La Poudre River at Fort Collins https://dwr.state.co.us/Tools/Stations/CLAFORCO?params=DISCHRG Other Water Resources Considerations: • The Northern Water Board set the 2024 initial CBT quota allocation to 50%. The CBT system currently has 109% equivalent quota in project reserves. See Northern Water’s November 1 report attached. City of Fort Collins Utilities Treated Water Monthly Summary 2023 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year to Date WTF Water Supply (MG) From Poudre 243.3 250.6 268.9 201.6 242.1 195.3 412.2 391.3 365.7 227.2 2,798.3 From Horsetooth 235.3 183.8 197.1 286.1 440.6 536.6 584.1 579.4 558.2 393.4 3,994.6 Total Raw Water 478.6 434.4 466.1 487.7 682.8 731.9 996.3 970.7 923.9 620.6 6,792.9 Demands (MG) WTF Production 468.5 425.7 456.2 477.3 669.9 718.5 972.8 928.7 876.5 593.1 6,587.1 Change in Storage -0.5 3.0 -1.0 8.1 -1.3 1.4 -0.4 0.1 -1.2 -5.8 2.3 Demand on WTF 469.0 422.8 457.3 469.2 671.2 717.1 973.2 928.6 877.8 598.9 6,584.9 From Soldier Canyon 17.7 7.6 0.0 82.9 138.7 112.9 221.1 182.4 193.7 81.5 1,038.3 To Soldier Canyon 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 To FC-Lov/NWCWD -43.6 -35.3 -35.7 -105.8 -200.4 -197.1 -331.7 -298.4 -301.5 -143.5 -1,692.9 For City 443.0 395.1 421.6 446.3 609.6 632.9 862.5 812.5 770.0 536.9 5,930.3 Daily Deliveries to City (MG) Max During Month 15.5 14.9 14.4 16.0 24.4 30.3 34.1 32.1 30.2 24.6 34.1 Min During Month 12.7 13.6 11.5 13.1 15.5 16.8 21.4 20.8 22.4 13.1 11.5 Avg During Month 14.3 14.1 13.6 14.9 19.7 21.1 27.8 26.2 25.7 17.3 19.5 Monthly Deliveries (Ac-Ft) Projected 1,343 1,233 1,361 1,497 1,909 2,868 3,281 3,201 2,742 1,698 1,312 1,294 23,737 Actual 1,360 1,212 1,294 1,370 1,871 1,942 2,647 2,494 2,363 1,648 18,199 Ratio 101%98%95%91%98%68%81%78%86%97%77% Year to Date Deliveries (Ac-Ft) Projected 1,343 2,575 3,936 5,433 7,342 10,210 13,490 16,691 19,433 21,131 22,443 23,737 23,737 Actual 1,360 2,572 3,866 5,235 7,106 9,048 11,695 14,189 16,552 18,199 18,199 Ratio 101%100%98%96%97%89%87%85%85%86%77% C-BT Project Storage Lake Granby Storage in Lake Granby decreased 1,388 acre-feet last month Horsetooth Reservoir Storage in Horsetooth Reservoir decreased 12,789 acre-feet last month Carter Lake Storage in Carter Lake decreased 11,197 acre-feet last month Note: Storage in pie charts represents total storage (active and dead storage). November 1, 2023 483,673 94,054 108,652 118,719 Total  Storage Granby Carter Horsetooth Empty 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 Ac r e ‐Fe e t November 1 Total  Storage 483,673 52,460 Acre‐Feet 8240 8250 8260 8270 8280 8290 El e v a t i o n  (f t ) 108,652 48,083 Acre‐Feet 5360 5380 5400 5420 5440 El e v a t i o n  (f t ) 94,054 18,176 Acre‐Feet 5660 5680 5700 5720 5740 5760 5780 El e v a t i o n  (f t ) C-BT Delivery Obligations Notes: C-BT Project Allocated Water October 31, 2023 C-BT Active Storage 1) Quota set at 70% 2) Carryover - Entities certified 56,716 Acre-Feet of Carryover for WY2023. 3) Regional Pool - Additional water accrued to the Regional Pool on April 30, 2023. There is 33,113 Acre-Feet in the Regional Pool for WY 2023. The Board allocated 15,000 AF at the May 11 board meeting. 4) Pie chart reflects the active storage in Granby, Carter, Horsetooth and Boulder Reservoir. 150%, Project Reserves 0%, Regional Pool (Allocated) 6%, Regional Pool (Unallocated) 37%, Certified Quota 0%, Collateral 1%, Carryover 2%, Replacement and Contracts 0%, Windy Gap 42%, Empty Project Reserves Regional Pool (Allocated) Regional Pool (Unallocated) Certified Quota Collateral Carryover Replacement and Contracts Windy Gap Empty % number represents equivalent quota 0 50,000 100,000 150,000 200,000 250,000 Acre-Feet Quota Delivered Remaining 0 10,000 20,000 30,000 40,000 50,000 60,000 Acre-Feet Carryover Delivered Remaining Max Potential 0 1,000 2,000 3,000 4,000 Acre-Feet Replacement Delivered Remaining 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 Acre-Feet Regional Pool Delivered Remaining Unallocated C-BT Project Allocated Water C-BT Active Storage C-BT Delivery Obligations Notes: November 1, 2023 1) Initial Quota set at 50% 2) Carryover - Carryover will not be certified until April 30. Until that date, the Maximum Potential Carryover is reported for Carryover so that adequate supplies are set aside to fulfill all potential obligations. 3) Regional Pool - Additional water will accrue to the Regional Pool until April 30. The current volume reflects water supplies not eligible for the Carryover Program. 4) Pie chart reflects the active storage in Granby, Carter, Horsetooth and Boulder Reservoir. 109%, Project Reserves 0%, Regional Pool (Allocated) 14%, Regional Pool (Unallocated) 50%, Certified Quota 0%, Collateral 19%, Carryover 4%, Replacement and Contracts 0%, Windy Gap 42%, Empty Project Reserves Regional Pool (Allocated) Regional Pool (Unallocated) Certified Quota Collateral Carryover Replacement and Contracts Windy Gap Empty % number represents equivalent quota 0 50,000 100,000 150,000 200,000 Acre-Feet Quota Delivered Remaining 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 Acre-Feet Carryover Delivered Remaining Max Potential 0 1,000 2,000 3,000 4,000 Acre-Feet Replacement Delivered Remaining 0 10,000 20,000 30,000 40,000 50,000 Acre-Feet Regional Pool Delivered Remaining Unallocated C-BT Project Deliveries November 1, 2023 Deliveries by Area Deliveries by Use 0 50,000 100,000 150,000 200,000 250,000 300,000 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 20 2 1 20 2 2 20 2 3 Ac r e - F e e t Adams Tunnel Total YTD 0 50,000 100,000 150,000 200,000 250,000 2016 2017 2018 2019 2020 2021 2022 2023 Acre-Feet C-BT Project Deliveries Includes Quota, Carryover, Regional Pool and Noncharge Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 41% 52% 7% October Carter Horsetooth Other 40% 51% 9% Water Year Carter Horsetooth Other 0 50,000 100,000 150,000 200,000 250,000 2016 2017 2018 2019 2020 2021 2022 2023 Ac r e - F e e t Horsetooth Carter Other 42% 58% October Agriculture M&I 43% 57% Water Year Agriculture M&I 0 50,000 100,000 150,000 200,000 250,000 2016 2017 2018 2019 2020 2021 2022 2023 Ac r e - F e e t Agriculture M&I DocuSign Envelope ID: 19A13E05-276C-4215-A503-9F197C31D3AF Utilities electric · stormwater · wastewater · water PO Box 580 Fort Collins, CO 80522 970.212.2900 V/TDD: 711 utilities@fcgov.com fcgov.com/utilities MEMORANDUM Date: Oct. 25, 2023 To: Mayor and City Councilmembers Through: Tyler Marr, Deputy City Manager Kendall Minor, Utilities Executive Director Jason Graham, Director of Water Utilities From: Jen Dial, Water Resources Manager Subject: August 8 City Council Work Session Update – Water Supply Fees, Excess Water Use, and Water Allotments Bottom Line In August 2023, staff presented updated consultant work regarding Water Supply Requirement (WSR) and Excess Water Use (EWU) fees. Based on the conversation and feedback, staff is convening an internal team to review and develop options that balance the values and goals of the community along with the needs of the water utility. Staff anticipates this work occurring throughout 2024 and targeting 2025 implementation. Background The WSR is a development fee collected to pay for the water necessary to serve either a new development or redeveloped commercial properties that require a larger tap. These fees generate revenue to provide reliable water resources, including water rights and storage, to ensure future growth is not paid for by existing rate payers. The WSR pays for a defined amount of water, which is translated into an annual water allotment. Utilities also charge EWU fees to customers who exceed their water allotment. Customers may increase their water allotment at any time by paying WSR fees or by providing City water certificates and credits. However, most customers who exceed their water allotment choose to pay EWU fees as opposed to a much larger, one-time WSR fee. Both fees are typically reviewed and updated every 2-3 years. Unlike other water utility fees and rates (plant investment fees, water rates, and wastewater rates), which are based on planned capital improvement projects, the WSR and EWU fees are based on the cost of water and infrastructure which has been, and continues to be, very dynamic. Next Steps Because of the complexity and potential scale of proposed increases, staff will be developing separate work streams to work in parallel to develop options for assigning new water allotments as well as determining appropriate WSR and EWU fees for Utilities customers. DocuSign Envelope ID: AD483C41-AE70-4051-9A17-D400FC7BC967 DocuSign Envelope ID: 19A13E05-276C-4215-A503-9F197C31D3AF A staff core team with expertise in water resources, conservation, finance, utility fees, customer community relations, communications, marketing, development review, and water law will spend the next several months exploring various methods to determine the appropriate fee structures that align with City and community needs. This work will include looking at internal process improvements, developing alternatives, and outreach. A project plan has been developed to ensure the core team applies a community-wide lens to the process and options to be provided to Council. The project plan focuses on a balanced approach to ensure the water utility can provide the water needs of our customers without putting an unnecessary burden on development, especially affordable housing and small businesses. Staff anticipates scheduling Council work sessions in Q2 and Q3 of 2024 leading up to potential code adoption in Nov. 2024. Any fee increases would go into effect Jan. 1, 2025. Engagement efforts will include outreach to: • Existing allotment customers • Relevant Boards and Commissions • Developments far along in the review process that would be affected by a WSR increase. • Other impacted groups such as developers, commercial real estate brokers, and Homeowner’s Associations • The public through engagement opportunities such as listening sessions and open houses • The public through information on the City’s website, including an OurCity page to better drive and track engagement. Allotment Changes While most Utilities water customers already have an assigned allotment that is subject to EWU fees, about 1,720 Utilities commercial customers do not have an allotment because they received a water tap before the allotment program began in 1984. This disparity leads to less equitable administration of EWU fees and is related to a potential EWU fee increase. Beginning in the 4th quarter of 2023, staff will develop a timeline for seeking input from impacted customers, calculating allotments, assigning allotments, and implementing a communications plan, which would include work sessions with Council. Summary The cost of delivering safe and reliable water to our community continues to rise. Fort Collins’ population is expected to keep growing, and Utilities must find a way to pay for future water demands and infrastructure, including storage, while supporting our community values as a municipal-owned Utility. Challenging factors include managing higher costs for construction, permitting, and infrastructure, much of which is outside the City’s control. The City is committed to working with the community, staff and Council to develop options that balance the values and goals of the community along with the needs of the water utility. DocuSign Envelope ID: AD483C41-AE70-4051-9A17-D400FC7BC967 Water Wastewater Stormwater $28,241,802  $26,636,628  Budget Actual Operating Revenues $23,038,988  $21,524,026  Budget Actual Operating Expenses $20,021,662  $20,458,927  Budget Actual Operating Revenues $13,545,792  $12,825,158  Budget Actual Operating Expenses $15,500,000  $17,126,764  Budget Actual Operating Revenues $8,332,037  $7,626,161  Budget Actual Operating Expenses Water Fund Revenue in thousands Percent of Year 83.3% October Year to Date Actual Over/ (Under)Budget Actual Over/ (Under) Inc/(Dec) % Bud Recvd % Act Recvd 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 2022 Residential Water Sales $ 1,633 * $ (130) $ 15,544 $ 14,056 $ (1,487) (A)$ (1,168) 79% 80% Com/Indl Water Sales 1,095 * (71) 8,451 8,069 (383) (B)(737) 83% 80% Raw Water Surcharge 316 * 141 322 620 299 (616) 98% 36% District Water Sales 275 * 62 1,695 1,933 239 (31) 96% 76% Other Water Sales 0 * (12) 691 505 (187) (C)(22) 70% 91% PILOTs 180 (18) 1,539 1,454 (85) (109) 82% 81% Operating Revenue 3,500 (27) 28,242 26,637 (1,605) (2,682) 81% 78% Interest Revenue 178 117 958 1,525 568 807 144% 136% Development Fees/PIFs/Contributions 111 (1) 1,139 761 (378) (D)(11) 56% 43% Financing Sources 0 0 0 0 0 (3) 0% Other Misc 72 41 202 228 25 68 77% 60% Total Lapsing Revenue** 3,861 129 30,541 29,150 (1,391) (1,822) 82% 77% Non-lapsing Revenue 0 0 0 TOTAL** $ 3,861 $ 29,150 $ (1,822) Variance Analysis: (A) (B) (C) (D) (E) (F) * ** Due to a lack of requests for water rentals. Residential Water Sales were 9.6% under budget and 7.7% less than YTD 2022. Note: Water rate increase of 4.0% for 2023, as budgeted. Commercial/Industrial Water sales were 4.5% under budget and 8.4.% less than YTD 2022. October billed revenue is for September and early October. Excludes transfers and unrealized gain/loss on value. Plant Investment Fees $236 (recognized $449 from unearned revenue related to 2019 FCLWD loan prepayment), Water Rights ($90). Plant Investment Fees ($330) and Water Rights ($43). Irrigation Sales ($416) (water supply didn't yield as much due to fire impacts, so rented out less water) offset by Standpipe Sales $26. Water Fund 2023 Department Expense In thousands `Percent of Year 83.3% Excludes depreciation and transfers October Year to Date Actual (Over)/ Under YTD Bdgt Actual (Over)/ Under (Inc)/Dec Actual + PO's Spent & Committed 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 by PO's Water Treatment $ 566 $ (88) $ 5,991 $ 5,058 $ 933 (A)$ 83 $ 5,418 75% Water Resources 106 87 2,962 3,064 (101) (B)(607) $ 3,180 94% Water Quality Lab 155 (18) 987 927 60 7 $ 1,005 81% Subtotal WR&T $ 828 $ (19) $ 9,941 $ 9,048 $ 892 $ (518) $ 9,604 81% Transmission & Distribution 307 (7) 2,854 2,890 (36) (C)(390) $ 2,890 78% Water Meters O&M 83 (23) 892 745 146 (143) $ 870 81% Engineering 33 34 871 491 380 (D)15 $ 546 51% Subtotal WEFS 423 4 4,617 4,127 490 (518) $ 4,306 74% Water Conservation 85 30 923 876 46 (128) $ 1,048 80% PILOTs 180 18 1,539 1,454 86 109 $ 1,454 82% Admin Services - CS&A 422 0 4,217 4,217 0 (572) $ 4,217 83% Other Payments & Transfers 149 (0) 1,803 1,802 1 (25) $ 1,824 69% Subtotal Operating Expenses $ 2,087 $ 33 $ 23,039 $ 21,524 0 $ 1,515 $ (1,651) $ 22,453 79% Debt Service 0 0 0 0 0 0 $ 0 Minor Capital 85 48 1,780 649 1,131 (E)214 $ 817 38% Total Lapsing $ 2,172 $ 80 $ 24,819 $ 22,173 $ 2,646 $ (1,438) $ 23,270 76% Non-lapsing Expenses 1,306 9,555 (5,330) TOTAL $ 3,478 $ 31,729 $ (6,768) Variance Analysis: (A) (B) (C) (D) (E)Transmission & Distribution $143 (will be encumbering for a tandem dump truck purchase and F150 Lightning, under by YE); Water Treatment: Consulting $285, Construction Contracts $159, Other Capital Outlay $71, and Building Maint. $42 (delay in implementing projects due to transition in leadership: T5/T6 roof replacement = over by $400K, offset in other objects), Vehicles/Equipment $191 (waiting delivery of $50 Ford Lightning, under by YE), and Filter Material $150 (not using as much due to filter rehab projects; $150-175 savings by YE). Water Assessments ($112) (vary, under ~$30 by YE), Contractual Labor ($84) (kept on retiree and backfilled, over ~$100 by YE), and Personnel ($56) (allocation out error - net impact ~-$25 budget & $37 Assumed Vacancy Factor (no vacancies)), offset by Consulting $139 (turnover delayed water supply modeling & lower cost vendor, under ~$125 by YE), and Other Repair & Maint. $10; overall BU will be close to budget by YE. Consulting $289 ($219 due to Large Valve Maint being behind schedule (PM departure), under ~$200-250 by YE), Personnel $65 (vacancy), and Other Prof.& Tech. $15 (none needed, under $15 by YE). Contract Payment to Gov't $520 (Cameron Peak Fire - Watershed, will be ~520 under by year-end (YE)), Chemicals $161 (cooler, rainier Spring, under ~15% by YE), Computer Hardware $53 (BFO Enh. 4.33: evaluating security requirements and options, YE spend TBD), Consulting $54 (needs being ID'd, under ~$25+ by YE), Maint. Contracts $30 (saved ~$13 on UPS unit maint., HVAC maint. under negotiation), Electricity $29 (lower demands, under ~$20+ by YE), Construction Svcs $24 (will be spent on concrete pad for filter media storage), Conference/Travel $22 (due to staff transitions, none planned, under by YE), Dues & Subscriptions $20 (waiting on Water Research Foundation membership invoice), Testing Services $20, Other Prof. & Tech. $20, Contractual Labor $15 (less solids needed to be hauled = in-house this year; under by YE), Electrical Parts $17, Solid Waste Services $15 (less solids hauled this year - hauled later in the year last year, under $15 at YE unless solids diversion project advances), Other Repair & Maint. $14, Radio Maint. $14 (delayed by staff transitions, will spend some by YE), Health & Safety Supplies $12 (none needed replaced), Computer Hardware $11, and Paint $10 (backlog of needs, hourly hired to help but only part of year), offset by Water Assessments ($53) (payments to Pleasant Valley pipeline higher than what was budgeted for and paid later than usual due to manager transition; over ~$75-100 by YE and will offset in chemicals), Parking Lot Maint. ($31) (unbudgeted repair, will offset in Const Svcs & Other Repairs/Maint.), Natural Gas ($24) (extended cold weather last winter and larger than expected price increase, over budget for the year; will offset in Electricity & Chemicals), Personnel ($22) (Termination pay ($26) Standby Pay ($15), Overtime ($17) offset by filling positions at lower steps and vacancies), Software Maint. ($20) (prepaid software agreements for two years in ICE, will be over if not put on balance sheet), Security Services ($14) (unexpected issues related to access control and a termination), and Project Management Services ($11) (unsure on timing of invoices, flat by YE). Sand & Gravel ($29) (82 main breaks YTD (avg.), aggregate prices inflating, over by $30-40 by YE), Water Pipe ($19) (looking into), Vehicle Repairs ($17) (excavator track replacement expensive, Vac truck needed unforeseen repairs; no known major vehicle repairs needed, ~$10 over by YE), Copy & Reproduction ($16), Postage & Freight ($10) (customer letters for backflow violation, over $26 by YE), Tools & Related Supplies ($10) (annual restocking and replacement and increased prices; over $5 by YE), Conference & Travel ($10), offset by Personnel $20 (vacancies, offset by $55 overage in Hourlies to balance workload and standby, and $16 overage in OT, under by YE), Other Prof. & Tech. $19 (used as needed, nothing planned, under $24 by YE), Solid Waste Services $19 (dirt hauling = less, under ~$25 by YE), Motor Fuel, Oil, and Grease $16 (conservative budget by Ops Svc, under ~$18-20 by YE), and Education & Training $10 (in-house training instead of sending out, under $10 by YE). Wastewater Fund Revenue in thousands Percent of Year 83.3% October Year to Date Actual Over/ (Under)Budget Actual Over/ (Under) Inc/(Dec) % Bud Recvd % Act Recvd 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 2022 Residential WW Sales $ 1,366 * $ 3 $ 13,624 $ 13,720 $ 96 (A)$ 483 84% 87% Com/Indl WW Sales 553 * (6) 4,762 4,926 165 (B)(146) 88% 82% District WW Sales 36 * 2 342 355 14 15 87% 87% Other WW Sales 38 * 19 172 317 145 (C)53 158% 96% PILOTs 117 (0) 1,122 1,140 18 21 85% 86% Operating Revenue 2,110 18 20,022 20,459 437 426 86% 86% Interest Revenue 107 75 513 870 358 488 156% 147% Development Fees/PIFs/Contributions 26 (48) 738 642 (95) (D)223 73% 36% Financing Sources 0 0 0 0 0 (4) Other Misc 2 1 79 98 19 (27) 81% 66% Total Lapsing Revenue** 2,245 46 21,351 22,069 718 1,105 87% 84% Non-lapsing Revenue 0 0 0 TOTAL** $ 2,245 $ 22,069 $ 1,105 Variance Analysis: (A) (B) (C) (D) (E)Bad Debt Recovery $23, Lab Services $16, and House Rental $12, offset by Ranch Income ($35). * ** Residential sales were 0.7% over budget and 3.6% more than YTD 2022. Septage Treatment Charge $38. Commercial/Industrial sales were 3.5% over budget and 2.9% less than YTD 2022. Excludes transfers and unrealized gain/loss on value. Plant Investment Fees $25. October billed revenue is for September and early October. Note: Wastewater rate increase of 4.0% for 2023, as budgeted. Wastewater Fund 2023 Department Expense In thousands Percent of Year 83.3% Excludes depreciation and transfers October Year to Date Actual (Over)/ Under YTD Bdgt Actual (Over)/ Under YTD (Inc)/Dec Actual + PO's % Bud Spent & Committed 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 by PO's Water Reclamation & Biosolids $ 610 $ (43) $ 5,371 $ 5,057 $ 314 (A)$ (355) $ 5,450 79% Pollution Control Lab 93 20 1,018 950 69 (22) 1,049 80% Subtotal WR&T 703 (23) 6,389 6,006 383 (377) 6,499 79% Trunk & Collection 136 12 1,518 1,385 133 (14) 1,408 71% Engineering 36 9 600 378 223 (B)198 549 75% Subtotal WEFS 173 21 2,118 1,763 355 184 1,957 72% PILOTs 117 (0) 1,122 1,140 (18) (21) 1,140 85% Admin Services - CS&A 247 (0) 2,471 2,471 (0) (331) 2,471 83% Other Payments & Transfers 122 0 1,446 1,445 1 (169) 1,456 65% Subtotal Operating Expenses $ 1,363 $ (2) $ 13,546 $ 12,825 $ 721 $ (714) $ 13,524 77% Debt Service 0 0 225 225 0 $ 34 225 10% Minor Capital 51 (31) 1,375 911 465 (C)$ (159) 1,128 73% Total Lapsing $ 1,414 $ (32) $ 15,146 $ 13,961 $ 1,185 $ (839) $ 14,876 46% Non-lapsing Expenses 416 3,724 240 TOTAL $ 1,830 $ 17,685 $ (598) Variance Analysis: (A) (B) (C) Personnel $228 (Vacancies), Consulting $178 and Other Professional & Technical $46 (Vendor availability and revised purchasing guidelines, expecting to spend this year), Computer Hardware - Capital $77 (MDT Autosave Software (BFO Enhancement 4.33: decided we didn't need the BI tool and servers, which delayed purchase, under budget ~$20), Dues & Subscriptions $27 (Haven't gotten some membership renewals, yet. Starting to see invoices), Land Maintenance Services $21 (Awaiting invoices), Plumbing and Irrigation Supplies $18 (Wet weather has limited sprinkler audit and need. Will spend this year), Electrical Parts $11 (Anticipated to spend by year end). Offset by Chemical Supplies ($162) (Spend on chemicals that do not have a budget. Needed for treatment and meeting regulatory permit requirements. Chemical pricing has been affected by market conditions and supply chain. Reviewing cost savings in other operations items to offset), Electricity ($75) (Equipment needs to be replaced to meet process needs and be energy efficient with blowers at MWRF, awaiting decision on MWRF. MWRF has increased flow due to construction at DWRF and NPT Final Clarifier project. Roughly estimated to be over budget ~$100K YE), Legal Services ($54) (Increased legal services needed for the Lazy D Water Rights case. Expecting an appeal that will increase spend), Machinery & Equipment Parts ($23) (Purchase of parts as needed for repairs and shelf spares), Natural Gas ($19) (Boilers were serviced, fall and winter temps will determine year end spend), Motor Fuel, Oil & Grease ($13) (Increased truck trips due to dewatering frequency, equipment maintenance). Consulting $178 ($133 related to DWRF Utility Mapping - calendarized first 1/2 of year. Project should still be completed this year), Personnel $29 (Vacancies and PM’s time being billed to projects), Other Professional & Technical $21. Offset by Construction Services ($24) (Savings expected to come from Consulting Services to offset). Trunk & Collection $122 (Expected to be spent on the purchase of a crew truck later this year.). Water Reclamation & Biosolids: Motor Vehicles $162 (Outstanding PO. Will be completed by end of year), Plant & Garage Equipment $120 ($53 invoice unexpectedly accrued to 2022. Plan to use by year end), Security Equipment $20 (Outstanding PO for FOB equipment), Other Equipment $15 (Used as needed, Will spend by year end). ICE Wastewater Minor Capital $21 (Evaluating remaining needs for computer hardware for remainder of year). Stormwater Fund Revenue in thousands Percent of Year 83.3% October Year to Date Actual Over/ (Under)Budget Actual Over/ (Under) Inc/(Dec) % Bud Recvd % Act Recvd 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 2022 Single Family Residential SW Services $ 709 * $ 9 $ 7,000 $ 7,076 $ 76 (A)$ 274 84% 87% Non-single Family SW Services 866 * 16 8,500 8,622 122 (B)293 85% 87% Operating Revenue 1,575 25 15,500 15,698 198 567 84% 87% Interest Revenue 79 58 324 636 312 370 178% 151% Development Fees/PIFs/Contributions 38 (34) 729 762 33 (C)165 87% 91% Financing Sources 0 0 0 0 0 (10) Other Misc 5 3 13 30 17 (D)(6) 200% 73% Total Lapsing Revenue** 1,698 52 16,566 17,127 560 1,086 86% 89% Non-lapsing Revenue 0 0 0 TOTAL** $ 1,698 $ 17,127 $ 1,086 Variance Analysis: Note: Stormwater rate increase of 3.0% for 2023, as budgeted. (A) (B) (C) (D) * ** Development Inspection $16 and Erosion Control $55, offset by Stormwater Development Fee ($40). Non-Single Family fees are 1.4% greater than 2022. Single Family Residential fees are 1.1% greater than 2022. Excludes transfers and unrealized gain/loss on value. October billed revenue is for September and early October. Auction Sales $6 (sale of flood warning truck), Flood Plain Permits $5 and Bad Debt Recovery $5. Stormwater Fund 2023 Department Expense In thousands Percent of Year 83.3% Excludes depreciation and transfers October Year to Date Actual (Over)/ Under Budget Actual (Over)/ Under (Inc)/Dec Actual + PO's % Bud Spent & Committed 2023 2023 Bud 2023 2023 2023 Bud 2022 2023 by PO's Drainage and Detention $ 246 $ (72) $ 2,132 $ 1,924 $ 207 (A)$ (150) $ 2,076 79% Engineering 159 (6) 1,699 1,275 424 (B)(155) 1,374 65% Stormwater Quality Programs 38 3 420 345 75 (C)(27) 486 72% Admin Services - CS&A 296 23 3,169 2,958 211 (D)(411) 2,958 83% Other Payments & Transfers 296 (218) 911 1,123 (212) (E)(322) 1,134 56% Subtotal Operating Expenses $ 1,035 $ (270) $ 8,332 $ 7,626 $ 706 $ (1,064) $ 8,029 73% Debt Service 0000 011 0 0% Minor Capital 0 0 1,065 231 834 (F)539 325 30% Total Lapsing $ 1,035 $ (270) $ 9,397 $ 7,857 $ 1,540 $ (514) $ 8,354 55% Non-lapsing Expenses 300 3,764 (915) TOTAL $ 1,335 $ 11,621 $ (1,429) Variance Analysis: (A) (B) (C) (D) (E) (F) Personnel $62 (vacancies continue, expect to be underbudget $50 at YE), Mowing $91 (timing of invoice payment, expect to be under budget $5 at YE), Street & Bridge Maintenance $33 (delay in invoice processing), Solid Waste $28 (expect to be underbudget $45 by YE),and Vehicle Repair $13 (reactionary, expect to be under budget $30 at YE), offset by Education & Training (($19) opportunities for training in NASSCO and Leadership, expect to be over budget ($10) at YE), and Land Maintenance ($26) and Tools ($28)(both reactionary and expected to be over budget at YE) . Overall expect to be on budget by YE. Vehicles $94 (awaiting delivery of CNG vehicle, expected by YE) and Heavy Equipment $740 (expect delivery Q3 2024). Legal Services $212 (expenses related to OASIS/Open International lawsuit). Personnel $198 (vacancies - 2 filled in April and 2 remaining), and Consulting $202 (Hill Pond study is proceeding, outside services contracts double-budgeted by PO Carryforward). Budget calendarized using 3 year average while actual transfers will be even. Will match by YE Consulting $47 (State has not made expected progress on MS4 permiting), and Educational Programs $23 (staffing issues in Customer Connections), offset by Hazmat Disposal (($14) due to unexpected community spill expenses and increased fees for ABOP disposal). Nov. 16, 2023 Water Commission Boxelder Creek Watershed B Dams IGA Ken Sampley, P.E., Director of Stormwater Engr and Dev Review Background and History 1 2 •BCW Dams built in late 1970s and early 1980’s •In cooperation with SCS (now the NRCS) •Reduce flood risks for downstream land •Currently owned by NPIC •2013 -- State Engineer’s Office increased hazard rating to “High” due to downstream development •Dams did not meet safety and performance standards established by SEO for “High” hazard classification Background and History 2 3 •NRCS and NPIC initiated studies in 2016 •Hydraulic modeling, dam breach evaluations, environmental review, alternative solutions Decommissioning, new spillways, overtopping protection, fuse plugs, spillway modifications, increased freeboard •Capital improvement costs from $11 - $20M each for Dams B-2 and B-3. NRCS could do a cost share of up to 65% if timely response from local governments. 2019 BCW B-Dams IGA 4 •Stakeholder Group included: Fort Collins Larimer County Wellington Timnath NPIC •IGA to co-fund Consultant effort to 1.Develop a joint approach to address alternatives and costs 2.Develop 2nd IGA -- Cost allocation for design, construction and maintenance •June 6, 2019 -- Water Commission recommended Council approve IGA •Resolution 2019-079 approved by City Council in July, 2019 Comprehensive Dam Safety Eval -- CDSE 5 2020 SEO Updates Rules and Regs •CDSE – New approach to dam safety •PFMA – Potential failure modes and Likelihood of Failure •SEH Consultant -- Performed PFMA Analysis in 2020 and 2021 Could potentially avoid costly upgrades to existing dams depending on PFMA results PFMA Risk Summary Chart 6 Analysis Determined •Low Failure Likelihood •Level 3 Consequence If EAPs are updated and adequate warning system is installed Result •Acceptable Hydrologic Adequacy Requirement SEO Hydrologic Adequacy Acknowledgment 7 SEO October 10, 2023 Letters for B-2, B-3 and B-4 Hydrologic risk for each dam is acceptably low and satisfactory at this time if the following conditions are met: 1.Install and maintain the early warning systems at the dams. Connect to Larimer County’s FWS. Formally notify SEO when FWS is complete and operational. 2.Update and distribute the Emergency Action Plans (EAPs) annually. 3.Finalize and execute the Operations and Maintenance IGA for the B Dams that clearly designates ownership, responsibility and decision-making authority. Provide final executed IGA to the SEO. Management Committee 8 A Management Committee is established to implement the IGA and to provide technical and other recommendations. Each entity designates one representative to the Committee. The Committee shall: •Adopt bylaws to facilitate its conduct of business; •Meet at least annually; •Provide advice and recommendations to the Parties; •Complete tasks delegated to it under the IGA including: •Provide direction and recommendations to the Fiscal Manager; •Establish budgets; and •Review/update the Cost Allocation Model at least once every 5 years •The committee shall operate by consensus Financial – Flood Warning System 9 Flood Warning System •A PDM grant in the total amount of $100K has been received. •The Federal funding will be 90% ($90K). •The Local funding total is $10K. Fort Collins’ share will be 1/5 of that amount which is equal to $2K Note: Implementation of this IGA eliminates the need to construct costly improvements to B Dams B-2, B-3 and B-4. Financial – B Dams O&M and Rehab 10 B-2, B3 and B4 Dams •Costs are allocated on a percentage basis for impacted communities. Fort Collin’s share is 20.7% •For first 5 years, Fort Collins annual share: •Operations and Maintenance = $ 7,659 •Establish an O&M Fund to = $ 50,103 for large scale rehabilitation •Council previously approved annual funding of $90K in both 2023 and 2024. Therefore, no additional funding is needed until 2025-2026 Note: Implementation of this IGA eliminates the need to construct costly improvements to B Dams B-2, B-3 and B-4. Proposed Motion “I move that the Water Commission recommends City Council authorize the City Manager to enter into an agreement between the City of Fort Collins and numerous stakeholders regarding operation and maintenance of Boxelder Creek Watershed Dams (B dams B-2, B-3, and B-4) as proposed.” 11 Questions 12 Ken Sampley, P.E. Director, Stormwater Engr & Dev Review Fort Collins Utilities 10/26/23, 2:35 PM Wellington signs agreement for early warning system on flood dams https://www.coloradoan.com/story/money/real-estate/2023/10/26/wellington-signs-intergovernmental-agreement-for-early-warning-system-on-flood-da…1/3 REAL-ESTATE Wellington signs 5-way agreement for early warning system on flood dams north of town Published 5:55 a.m. MT Oct. 26, 2023 Updated 5:55 a.m. MT Oct. 26, 2023 A 20-year saga came to an end Tuesday when Wellington's Board of Trustees approved the town's portion of a five-way agreement for the operation and maintenance of three critical flood control dams north of town. The so-called B dams are within the Boxelder Creek Basin and include Boxelder Creek, Coal Creek and Indian Creek. Boxelder Creek is prone to potential flood risks, so six dams were built in the 1970s and 1980s — when there was less development — to address the risks. Wellington, Fort Collins, Larimer County, North Poudre Irrigation Co. and Timnath, all downstream from the Boxelder Creek watershed, have a stake in protecting and preserving the B dams and will be required to help with the upkeep of three dams and developing an early warning system in the unlikely event of a breach. In 2013, the state's dam safety office reclassified the B dams from moderate hazard to high hazard with potential for loss of life and property if breached. The high hazard rating means the probability of the dams' failure is low, but there's a high risk of loss of life and damage if they do fail. Bringing them up to state standards came with a hefty price tag — $25 million to $30 million — and plans were put on hold. In 2018, the Natural Resources Conservation Service ordered the improvement projects to progress or risk losing 65% of matching funds to do the work. The partners got back to work to find a solution, which led to creation of a stakeholders and technical evaluation committee and a study to refine the earlier analysis and cost-sharing approach. Pat Ferrier Fort Collins Coloradoan 10/26/23, 2:35 PM Wellington signs agreement for early warning system on flood dams https://www.coloradoan.com/story/money/real-estate/2023/10/26/wellington-signs-intergovernmental-agreement-for-early-warning-system-on-flood-da…2/3 The local entities hired an engineering firm to work with the state engineer's office to analyze the data and advise on a new approach to dam safety hazard mitigation. The analysis concluded the dams didn't need to be brought up to new standards if an early flood warning system, emergency action plan and operations and maintenance plan were put in place. That's led to the cost-sharing agreement approved by Wellington Tuesday night. The cost will be shared by the five partners based on the potential flood risk and damage that could result from a dam breach. Wellington will pay the largest share since about 75% of the town would lie within the 100-year floodplain without the dams, severely curtailing the town's ability to develop and grow. The agreement still needs to be signed by the other parties. Fort Collins Utilities' staff is in the process of scheduling the item for an upcoming Water Commission meeting seeking the board's approval before going to City Council in late November or early December, according to Nick Combs, the utilities department's communications and marketing manager. In Fort Collins, areas that would be affected by a breach are near Boxelder Creek from the city's northern boundaries through the northeast portion of Fort Collins downstream to the confluence of the Boxelder Creek with the Poudre River. Under the agreement, which Wellington was the first to sign, Wellington will cover 33.5% of the costs, including $81,131 per year to help establish a $1.2 million operations and maintenance fund. Larimer County would cover 28.9% of costs; Fort Collins 20.7%; Timnath 11.9%; and NPIC 5%, according to intergovernmental agreement. Additionally, each party will contribute $20,000 to buy and install an early flood warning system that will be installed and operated by Larimer County. It includes gauges installed on the dams to monitor water levels and trigger alarms when water reaches a certain level, enabling officials to take action including evacuation of properties at risk. The emergency action plan would tie into the county's emergency operations center and Larimer Emergency Telephone Authority — known as LETA and often referred to as reverse-911 — that provides potentially lifesaving information to the public. From the headwaters, Boxelder Creek flows south and southeast through farmland and developed land along the Interstate 25 corridor and through Wellington, Fort Collins, unincorporated Larimer County and Timnath. The Boxelder Creek watershed flows down the Poudre River to the east through additional farmland. 10/26/23, 2:35 PM Wellington signs agreement for early warning system on flood dams https://www.coloradoan.com/story/money/real-estate/2023/10/26/wellington-signs-intergovernmental-agreement-for-early-warning-system-on-flood-da…3/3 Unlike most dams that hold back water stored within their banks, these dams are dry, with earthen banks that range from 28 feet to 56 feet high and up to a mile wide. It would take a "really large storm" on the magnitude of 20 to 30 inches of rain within six to 48 hours to overtop their banks, said Bob Gowing, Wellington's public works director. DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 1 of 20 AGREEMENT REGARDING OPERATION AND MAINTENANCE OF BOXELDER CREEK WATERSHED DAMS (B DAMS B-2, B-3, and B-4) This Agreement, dated and effective ___________, is entered into by the following Parties: • Board of County Commissioners of Larimer County, a political subdivision of the State of Colorado; • North Poudre Irrigation Company, a Colorado mutual ditch and reservoir company; • City of Fort Collins, a Colorado municipal corporation; • Town of Timnath, a Colorado municipal corporation; and • Town of Wellington, a Colorado municipal corporation. * See Paragraph 2 for a list of defined terms used in this Agreement * RECITALS Boxelder Creek Watershed A. The watershed of Boxelder Creek includes various lands in northern Larimer County. From the headwaters, Boxelder Creek flows generally to the south and southeast, through farmlands and along the developed and developing Interstate 25 corridor through various political boundaries (including those of some of the Parties) towards its confluence with the Cache la Poudre River in eastern Fort Collins. B. Water from Boxelder Creek then flows down the Cache la Poudre River generally to the east through more farmlands, developed and developing lands, and additional political boundaries (including those of some of the Parties). General History of the Boxelder Creek Watershed Dams C. Boxelder Creek is prone to potential flood risks. To help address these risks, the Boxelder Creek Watershed Dams B-2, B-3, B-4, B-5, and B-6 were constructed in or around the 1970s and 1980s, at a time when there was less development along Boxelder Creek and its floodplain downstream. This Agreement, however, is with respect to the Boxelder Creek Watershed Dams B-2, B-3, and B-4 only, hereinafter referred to as the “B Dams.” D. The original sponsors for the B Dams included the Fort Collins Soil Conservation District, the West Greeley Soil Conservation District, Larimer County, North Poudre, the Frontier Soil Conservation District, the Laramie Rivers Soil Conservation District, and the Colorado State Soil Conservation Board, with assistance from the U.S. Soil Conservation Service. E. The purpose of the B Dams is described in the report entitled “Watershed Work Plan Boxelder Creek Watershed Larimer & Weld Counties, Colorado Albany & Laramie Counties, Wyoming dated February 1971.” That report states: “[t]he project objectives are to reduce damages to agricultural land and crops, irrigation facilities, farmsteads, highways, embankments DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 2 of 20 and bridges from 10-year frequency storms or larger and to the town of Wellington from the 100- year frequency storms.” Ownership and Operation of the B Dams F. North Poudre holds fee simple ownership of the land around the B Dam B-2. See Larimer County Assessor Parcels 9024000945, 9024000949, 8027000936. Fee simple ownership of portions of the land encompassing the upstream impoundment area and portions of the land downstream of the outlet are owned by non-parties to this Agreement. G. North Poudre holds fee simple ownership of the land for the spillway of the B Dam B-3. See Larimer County Assessor Parcel 8027000936. Fee simple ownership of portions of the land encompassing the upstream impoundment area, the dam, and portions of the land downstream of the outlet and spillway are owned by non-parties to this Agreement, and occupation and use of those lands is pursuant to applicable agreements and easements. H. Fee simple ownership of the land encompassing the dam of B-Dam B-4, upstream impoundment areas outlet and land downstream is owned by non-parties to this Agreement, and occupation and use of the land is pursuant to applicable agreements and easements. I. North Poudre entered into an agreement with the U.S. Soil Conservation Service for Operations and Maintenance of Floodwater Retarding Structure Dam B-2 and B-2 Diversion on January 4, 1980. J. North Poudre entered into an agreement with the U.S. Soil Conservation Service for Operations and Maintenance of Floodwater Retarding Structure Dam B-3 on February 21, 1977. K. North Poudre entered into an agreement with the U.S. Soil Conservation Service for Operations and Maintenance of Floodwater Retarding Structure Dam B-4 on June 30, 1976 and revised on September 16, 1980. Dam Safety Office Reclassification of the B Dams L. The Dam Safety Office changed the classification of the B Dams from “Moderate Hazard” to “High Hazard” on or around July 11, 2013 pursuant to the Dam Safety Regulations due to the increase in development along and in the Boxelder Creek floodplain below these flood control structures.0F 1 M. The Management Committee (originally called the technical advisory committee) was formed to provide technical input and representation of the Parties. Under direction from the Management Committee, consulting services were acquired from SEH and paid for by contributions from the Parties. 1 The classification of B Dams B-5 and B-6 may be changed in the future, but at this time the Dam Safety Office had not communicated any intent to reclassify the hazard classifications of those two structures, which are not the subject of this Agreement. DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 3 of 20 N. NRCS contracted with Golder Engineering to study B Dams B-2 and B-3. The product of that engagement was the Golder Report. The Golder Report identified and recommended significant structural improvements to B Dams B-2 and B-3 for attaining compliance with Dam Safety Regulations. Under the direction of the Management Committee, SEH was engaged and identified and structural improvements to B Dam B-4 for purposes of compliance with the Dam Safety Regulations. O. The Dam Safety Office performed a Qualitative Risk Assessment utilizing comprehensive dam safety evaluation tools and methodologies by plotting “Likelihood of Failure” against the “Consequence Category” for overtopping dam failure and found that the B Dams fall within an “Acceptable” risk range suggesting no immediate need for action to reduce the probability of failure.1F 2 With this additional assessment, the Dam Safety Office determined that the structural improvements identified in the Golder Report and the SEH Report would not be required for the B Dams to be in compliance with the Dam Safety Regulations. P. The risk assessment performed by the Dam Safety Office assumed an up-to-date EAP would be developed and assumed appropriate warning and response to any hydrologic events in the Boxelder Creek basin would be in place and recommended the following for the B Dams: 1. Provide a clear designation of ownership and responsibility for operations and maintenance and decision making for the B Dams. 2. Available funding should be directed toward routine regular maintenance and repairs to ensure dam operation and reduce the likelihood of failure to the lowest level. 3. A robust emergency action planning program should be used to mitigate consequences associated with extreme spillway releases from the B Dams in addition to those associated with dam failures. 4. Existing available funding should be used for focused improvements to instrumentation, warning systems, and EAP activities to ensure reduction of consequences for a range of hydrologic events. 5. Inundation mapping for spillway flows should be part of the EAP for each of the B Dams. 6. While enlarging the spillways of the B Dams may further reduce the likelihood of an overtopping failure, enlarging beyond a certain point may result in adverse impacts. Larger spillway flows alone increase the risk to the populations currently at risk downstream. A sensitivity analysis should be used to identify 2 The Analysis and Conclusions of the Qualitative Risk Assessment performed by the Dam Safety Office for B Dam B-2 is found in a memo entitled “Boxelder B-2 Dam - Spillway Adequacy and Hydrologic Hazard Analysis Memorandum” dated April 16, 2020. The Analysis and Conclusions of the Qualitative Risk Assessment performed by the Dam Safety Office for B Dam B-3, is found in a memo entitled “Revised Spillway Adequacy and Hydrologic Hazard Analysis Workshop Results – Floodwater Ret. B-3 (aka Boxelder Dam B-3), DAMID 030415 SEH No. 152112” dated September 11, 2020. The Analysis and Conclusions of the Qualitative Risk Assessment performed by the Dam Safety Office for B Dam B-4, is found in a memo entitled “Spillway Adequacy and Hydrologic Hazard Analysis Workshop Results – Floodwater Ret. B-4 (aka Boxelder Dam B-4), DAMID 030414 SEH No. 152112” dated September 21, 2020. DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 4 of 20 the appropriate level of spillway capacity increase along with other dam modifications that would convey a remote AEP storm and limit incremental risk downstream. Parties’ Desire to Address Certain B Dams Issues Q. The B Dams provide various benefits to the Parties. The Parties value regional collaboration, especially in preparation for and response to disasters and emergencies. Following a thorough examination of the issues, the Parties desire to address certain concerns associated with the B Dams as set forth in this Agreement.2F 3 R. Colo. Const. Art. XIV, §18(2) and C.R.S. § 29-1-201 et seq. authorize the Parties to enter into agreements, including agreements providing for cost-sharing as provided for in this Agreement. S. In consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows. AGREEMENT 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated as if fully restated in their entirety. 2. Defined Terms. The terms used in this Agreement shall be as defined in this Paragraph 2 and shall otherwise be given their ordinary meaning. 2.1. “B Dams” are the Boxelder Creek Watershed Dams (also known as the Boxelder Creek Watershed Floodwater Retarding Structures), comprising three dams, being B Dams B-2, B-3, and B-4.3F 4 2.2. “Cost Allocation Model” is a model developed by the Parties to allocate costs related to this Agreement. The Cost Allocation Model is outlined in “SEH Memorandum Cost Allocation Model Update (Task 8.0)” dated December 11, 2020. 2.3. “Dam Safety Office” is the Colorado Division of Water Resources (also known as the Office of the State Engineer), Dam Safety Branch. 3 Final analysis and conclusions are found in the SEH Report titled “Project Development for Boxelder Watershed Dam Rehabilitation – Boxelder Watershed Dams B-2, B-3, B-4, B-5, and B-6 Larimer County, Colorado SHE PN 152112” dated May 10, 2021. 4 B Dams B-5 and B-6 and other improvements that were part of the original NRCS project associated with the B Dams are not the subject of this Agreement. DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 5 of 20 2.4. “Dam Safety Regulations” are the Rules and Regulations for Dam Safety and Construction, 2 CCR 402-1. 2.5. “EAP” is an emergency action plan. 2.6. “Fiscal Manager” is the Party designated under this Agreement (see Paragraph 7) to act as the fiscal agent on behalf of all Parties for funds under this Agreement. 2.7. “Fort Collins” is the City of Fort Collins, a Colorado municipal corporation. 2.8. “Golder Report” is a report, dated August 21, 2018, summarizing a study conducted by Golder Associates, which was initiated by North Poudre and NRCS 2.9. “Larimer County” is Larimer County, a political subdivision of the State of Colorado, acting through its Board of County Commissioners. 2.10. “Management Committee” is a committee comprising representatives of the Parties. 2.11. “Minimum Balance” is the smallest amount of money that is required to be in the O&M Fund. 2.12. “North Poudre” is the North Poudre Irrigation Company, a Colorado mutual ditch and reservoir company. 2.13. “NRCS” is the Natural Resources Conservation Service (formerly Soil Conservation Service, United States Department of Agriculture). 2.14. “O&M Fund” is the operation and maintenance fund created under this Agreement to fund the operation and maintenance of B Dams B-2, B-3, and B-4 and as set forth in this Agreement. 2.15. “Responsibility Percentages” are the percentages that each Party is responsible for regarding contributions to the O&M Fund, which are calculated pursuant to the Cost Allocation Model. 2.16. “Parties” are the Parties to this Agreement, being Fort Collins, Larimer County, North Poudre, Timnath, and Wellington. 2.17. “SEH” is Short Elliot Hendrickson, a consulting firm. 2.18. “SEH Report” is a study and report initiated by the Management Committee and conducted by SEH. 2.19. “Timnath” is the Town of Timnath, a Colorado municipal corporation. DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 6 of 20 2.20. “U.S. Soil Conservation Service” is the Soil Conservation Service, United States Department of Agriculture, which is currently known as NRCS. 2.21. “Wellington” is the Town of Wellington, a Colorado municipal corporation. 3. Effective Date and Term. This Agreement shall be effective as of the date that all Parties have executed this Agreement, which is stated above on the initial page. This Agreement shall continue in full force and effect as long as any of the B Dams exist, unless this Agreement is terminated in writing by mutual Agreement of the Parties or by court order following the procedures in Paragraph 15. 4. Overview of Agreement. This Agreement provides for the operation and maintenance of B Dams and the funding therefor. As described herein, this includes4F 5 oversight by the Management Committee and cost sharing by the Parties. 5. North Poudre as Operator of the B Dams. 5.1. Operation, Maintenance, and Reimbursement. It is the intent of the Parties that North Poudre continue to operate and maintain the B Dams. North Poudre shall make routine, regular maintenance, and repairs to ensure the B Dams continue in good operating condition and in compliance with all legal requirements, to reduce the likelihood of failure to the lowest level, and shall prepare and submit any and all required reporting to the Dam Safety Office. As set forth in Paragraph 8.1 below, North Poudre shall prepare annual cost estimates for operation and maintenance of B Dams B-2, B-3, and B-4, for inclusion in the budget such that North Poudre will be reimbursed for such costs pursuant to the terms and conditions of this Agreement. North Poudre shall provide to the Management Committee copies of any and all notices from the Dam Safety Office and other non-privileged documents North Poudre receives that are related to this Agreement and shall notify the Management Committee of any known or anticipated legal or regulatory changes that will impact the B Dams. No Effect on Other Agreements. Nothing in this Agreement changes ownership of the B Dams. See Recitals F, G, and H. Nothing in this Agreement amends existing contracts and agreements, including regarding North Poudre’s operation of the B Dams. See Recitals I, J, and K. 6. Management Committee. To facilitate the implementation of and manage this Agreement and to provide technical and other recommendations related to this Agreement, the Management Committee is created. 6.1. Representation. Each Party shall designate one person to represent and act on the Party’s behalf on the Management Committee, and one alternate. Each Party shall be entitled, at its sole discretion, to change its representative and alternate on the 5 In this Agreement, “include” signifies a list that is not necessarily exhaustive. E.g., Lyman v. Town of Bow Mar, 188 Colo. 216, 222, 533 P.2d 1129, 1133 (1975). DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 7 of 20 Management Committee, provided that the Party provides prompt notice of the same to the other Parties. When possible, appointees should have applicable technical knowledge and skills. Appointees shall be entitled to bring staff or consultants with applicable technical knowledge and skills to meetings. 6.2. Meetings. The Management Committee shall meet at least annually. The Management Committee may adopt rules to facilitate its conduct of business. 6.3. Tasks. The Management Committee shall provide advice and recommendations to the Parties, including to their staff and governing boards, regarding matters under this Agreement. The Management Committee shall also complete tasks delegated to it under this Agreement. This includes: • direction and recommendations to the Fiscal Manager; • establishing the budgets; and • reviewing and updating the Cost Allocation Model. 6.4. Consensus. The Management Committee shall operate by consensus, with agreement from all Parties required for the Management Committee to act. To this end, Management Committee members shall make a good faith effort to reach consensus, propose alternative solutions, and otherwise work to resolve any issues that prevent consensus. In the event that no consensus can be reached, a Party may request mediation pursuant to Paragraph 15. 7. Fiscal Manager. 7.1. Tasks. The Fiscal Manager shall be the fiscal agent for all Parties for funds under this Agreement to, among other things: ensure compliance with Governmental Accounting Standards Board rules and regulations; and manage the O&M Fund. Upon request, the Fiscal Manager shall promptly provide the Management Committee or any Party copies of its records related to its tasks under this Agreement. The Fiscal Manager shall have a fiduciary responsibility to the Parties. The Fiscal Manager shall provide the Management Committee with an annual report on the O&M Fund and expenditures therefrom prior to setting the annual budget. 7.2. Identification. Any Party may be the Fiscal Manager. Pursuant to a separate agreement in writing, the Parties may identify a separate non-Party entity to act as the Fiscal Manager. Larimer County shall be the initial Fiscal Manager, subject to Paragraph 7.3. 7.3. Changes to Fiscal Manager. The Fiscal Manager may change over time, pursuant to agreement by the Parties in writing. The Fiscal Manager shall remain the Fiscal Manager unless and until a new Fiscal Manager is identified and tasks and funds have been transferred to the new Fiscal Manager. DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 8 of 20 8. Annual Budget. The Management Committee shall establish and approve an annual budget for tasks under this Agreement. 8.1. The annual budget shall consider and account for: • North Poudre’s cost estimate for operation and maintenance of the B Dams; • Larimer County’s cost estimate for operation and maintenance of the portion of the Early Flood Warning System that relates to the B Dams; • the amount currently in the O&M Fund; • the amounts reasonably anticipated to come into the O&M Fund in the future; and • other relevant costs and matters. 8.2. Expenditures in the annual budget shall not exceed revenues. In the event that reimbursable expenditures by North Poudre or the Fiscal Manager are expected to exceed the amount set forth in the annual budget, they shall ask the Management Committee to call a meeting and consider an amendment to the annual budget. 9. O&M Fund. The operation and maintenance of the B Dams and the implementation of this Agreement will require funding to come from the Parties. The O&M Fund is thus created. 9.1. Form. The O&M Fund shall be a separate, designated, and restricted interest- bearing account will be held by the Fiscal Manager. 9.2. O&M Fund Tasks. The O&M Fund may be used for the operation and maintenance of the B Dams and the implementation of this Agreement. These tasks include: mowing; weed control; fences-related work; rodent/pest control; tree/shrub removal; surveying; engineering inspections/certifications; any and all required reporting to the Dam Safety Office; operation and maintenance of the Early Flood Warning System components related to the B Dams; sediment removal; rehabilitation / restoration of any flood control element of the B Dams, spillways, flood inundation areas, impacted public infrastructure, or other appurtenant facilities deemed necessary for the continued safe operation of the B Dams; and tasks required under this Agreement, including reviewing and updating the Cost Allocation Model. North Poudre, Larimer County, and the Fiscal Manager will submit invoices and supporting documentation to the Fiscal Manager for actual costs for work performed by staff and/or contractors related to the B Dams or this Agreement, and the Fiscal Manager shall reimburse them for such actual, reasonable costs up to the amount set forth in the annual budget. 9.3. Annual Payments in Initial Five Years. The Parties agree to fund the O&M Fund via five successive annual payments in the amounts as follows: DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 9 of 20 Party Annual Amount 5-Year Total Fort Collins $50,103 $250,515 Larimer County $69,927 $349,635 North Poudre $12,102 $60,510 Timnath $28,770 $143,850 Wellington $81,131 $405,655 Sum Total $242,033 $1,210,165 During the first five years while the O&M Fund is being established and funded, the Parties further agree to pay the minimum annual estimated operations and maintenance costs of $37,000 per year as follows: Party Annual Amount Fort Collins $7,659 Larimer County $10,690 North Poudre $1,850 Timnath $4,398 Wellington $12,403 Sum Total $37,000 9.4. Minimum Balance. The intent is that the O&M Fund creates interest earned that will fund the annual operation and maintenance of the B Dams. It is the Parties’ intent that the Minimum Balance is sufficient to ensure the generation of adequate interest revenue to perpetually fund operation and maintenance of the B Dams. If the O&M Fund falls below the Minimum Balance, the Parties shall replenish the O&F Fund to meet the Minimum Balance as soon as practicable. 9.4.1. Initial Minimum Balance. The initial Minimum Balance of the O&M Fund shall be $1,200,000. 9.4.2. Updates to the Minimum Balance. The Parties understand and agree that the actual and estimated annual operation and maintenance costs will change over time. The Minimum Balance will thus also need to increase accordingly. The Management Committee shall updated the Minimum Balance when the Cost Allocation Model is reviewed and updated as described in Paragraph 10.2. The Management Committee may also recommend that the Minimum Balance otherwise be updated, which would require the amendment of this Agreement in writing. 10. Cost Allocation Model. 10.1. Initial Responsibility Percentages. Based on the Cost Allocation Model, responsibility for contributions to the O&M Fund shall be distributed among the Parties as follows: DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 10 of 20 Party Responsibility Percentages Fort Collins 20.7% Larimer County 28.9% North Poudre 5% Timnath 11.9% Wellington 33.5% 10.2. Updates to Responsibility Percentages and Minimum Balance of the O&M Fund. The Management Committee shall review and update the Cost Allocation Model a minimum of once every five years from the date of this Agreement. The Management Committee may consider retaining SEH or another consultant to perform the update under direction from the Management Committee. The Cost Allocation Model shall be reviewed and updated to include the most recent data describing assessed values, residential dwellings, population, and growth impact within the boundaries of each Party, and other relevant factors. Consistent with Paragraph 6.4, all updates to the Cost Allocation Model must be by consensus. Once the Cost Allocation Model has been updated pursuant to this Agreement, updated Responsibility Percentages and the Minimum Balance of the O&M Fund shall be calculated. Notice of the updated Responsibility Percentages and the Minimum Balance of the O&M Fund shall be provided to the Parties pursuant to Paragraph 22 and shall supersede previous Responsibility Percentages and Minimum Balance and shall be considered to be part of this Agreement. 11. Emergency Flood Warning System. The Parties will install an Early Flood Warning System described herein. 11.1. Installation. Larimer County shall procure, install, operate, and maintain in good operating condition three rain and stage gaging stations and one rain-only gage station around the B Dams in locations approved by North Poudre and incorporate these stations into Larimer County’s existing Early Flood Warning System. 11.2. Initial Costs. The cost for initial procurement and installation of the Early Flood Warning System shall be funded by the Parties as follows. These amounts shall be due and payable within 28 days of the execution of this Agreement. Party Amount Fort Collins $20,000 Larimer County $20,000 North Poudre $20,000 Timnath $20,000 Wellington $20,000 Sum $100,000 11.3. Operation and Maintenance Costs. The cost for operation and maintenance of the portions of the Early Flood Warning System related to the B Dams shall be DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 11 of 20 funded by the Parties via the O&M Fund and pursuant to the budgeting procedures described herein. 12. Emergency Action Plan (EAP). The Parties will work together to develop and implement the EAP consistent with the risk assessment performed by the Dam Safety Office. Costs for the development and implementation of the EAP shall come from the O&M Fund and pursuant to the budgeting procedures described herein. 13. Dam Safety Office Regulations. The Parties agree to work in good faith to comply with Dam Safety Regulations as set forth in this Agreement. 14. Data Sharing. The Parties agree that all data received from the Early Flood Warning System will be shared with the Parties, the National Weather Service, the Larimer County Emergency Management Office, and other departments of the Parties related to emergency services. The Parties may elect to have appropriate emergency response personnel receive the automated alerts generated by the system. It is each Party’s own responsibility to keep the alert contact list up to date. 14.1. Disclaimer. Larimer County makes no representations or warranties as to the accuracy, timeliness, or completeness of the data provided by the Early Flood Warning System. LARIMER COUNTY MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR A PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE DATA PROVIDED BY THE EARLY FLOOD WARNING SYSTEM. Any user of the data accepts the same AS IS, WITH FAULTS, and assumes all the responsibility for the use thereof, and further covenants and agrees to hold Larimer County harmless from and against all damage, loss, or liability arising from any use of this data, in consideration of Larimer County having made this information available. 15. Remedies. 15.1. If a Party (“Complaining Party”) believes that another party (“Responding Party”) has failed to comply with the provisions of this Agreement, the Complaining Party will provide written notification of the same to the Responding Party, which notice shall clearly identify the provisions of this Agreement at issue, and the actions or failure to act that the Complaining Party is alleging. The Responding Party shall have thirty-five days to provide a response, or to address the complaint. If the Complaining Party believes that the Responding Party has failed to achieve compliance after receiving the response, the Complaining Party may require mediation of the issue(s) under Paragraph 15.2. 15.2. If mediation is sought following the procedures of Paragraph 15.1, the Parties shall jointly select a mediator within 35 days following the Complaining Party’s written notice to require mediation. The selection of the mediator shall be confirmed in writing. If the Parties cannot jointly select a mediator, each Party shall select a DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 12 of 20 mediator within 42 days following the Complaining Party’s written notice to require mediation and the two selected mediators shall then jointly select a third person to mediate the issue(s) within 56 days following the Complaining Party’s written notice to require mediation, who shall be impartial as to the Parties and the issue(s) and have mediation experience. The Parties agree to participate in good faith in such mediation. 15.3. Following the good faith completion of mediation under Paragraph 15.2 or if the two selected mediators are unable to jointly select a third person to mediate the issue(s), the Complaining Party may seek all such remedies available under Colorado law, excluding any exemplary and/or consequential damages. 15.4. This Agreement may by terminated by mutual consent of the Parties, in writing, including if the Agreement no longer serves the purposes of which it was executed. 16. Annual Appropriations. Any financial obligations of the Parties arising under this Agreement are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available by the respective governing bodies of the Parties in their sole discretion. No term or condition of this Agreement is intended nor shall be interpreted to create a multi-fiscal year obligation or debt of the Parties. 17. Governmental Immunity. No term or condition of this Agreement is intended nor shall be construed as a waiver, either express or implied, of the monetary limits, notice requirements, immunities, rights, benefits, defenses, limitations and protections available to the Parties under any applicable law, including but not limited to the Colorado Governmental Immunity Act, C.R.S.§§ 24-10-101, et. seq., as currently written or hereafter amended or implemented. 18. Relationship of the Parties. The Parties enter this Agreement as separate and independent entities and shall maintain such status at all times. 19. No Third-Party Beneficiaries. This Agreement is intended to describe rights and responsibilities only as between the Parties. It is not intended to and shall not be deemed to confer rights to any persons or entities not named as parties herein. 20. Assignment. The benefits and burdens under this Agreement may not be assigned by any Party without the unanimous written consent by all Parties. 21. Amendment. No amendment or other modification of this Agreement shall be valid unless pursuant to a written instrument signed by all Parties. 22. Notices. All notices provided for under this Agreement shall be effective when hand- delivered, sent by electronic mail- read receipt received, sent by registered or certified mail - return receipt requested, or sent by overnight commercial courier as follows: DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 13 of 20 To Fort Collins: City Manager City Hall West 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 With copy to: Fort Collins City Attorney 300 LaPorte Avenue; P.O. Box 580 Fort Collins, Colorado 80522-0580 and: Fort Collins Utilities Executive Director 700 Wood Street; PO Box 580 Fort Collins, Colorado 80522 To County: County Manager Larimer County Courthouse Offices 200 West Oak St, 2nd Floor; PO Box 1190 Fort Collins, CO 80522-1190 With copy to: Larimer County Attorney’s Office PO Box 1606 Fort Collins, CO 80522 With copy to: Larimer County Engineering Department Attn: County Engineer 200 West Oak St., Suite 3000; PO Box 1190 Fort Collins, CO 80522-1190 To North Poudre: General Manager North Poudre Irrigation 3729 Cleveland Ave Wellington, CO 80549 To Timnath: Timnath Town Manager 4750 Signal Tree Timnath, CO 80547 With copy to: Town Attorney 4750 Signal Tree Timnath, CO 80547 With copy to: Donald Taranto, Town Engineer TST, Inc. Consulting Engineers 748 Whalers Way, Suite 200 Fort Collins, CO 80525 DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 14 of 20 To Wellington: Wellington Public Works Attn: Robert Gowing P.O. Box 127 Wellington, CO 80549 With copy to: Patti Garcia, Town Administrator P.O. Box 127 Wellington, CO 80549 With copy to: March Olive and Sapienza, LLC Attn: Dan Sapienza 1312 S College Ave Fort Collins, CO 80524 Any Party hereto may at any time designate a different person or address for purposes of receiving notice by so informing the other parties in writing. Notice shall be deemed effective upon actual receipt thereof, or three (3) days after being deposited in the United States mail or accepted by an overnight delivery service, whichever first occurs. 23. Counterparts. This Agreement may be signed in counterparts. 24. Governing Law. This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the State of Colorado. In addition, the Parties acknowledge that there are legal constraints imposed upon the Parties by the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States, and that, subject to such constraints, the Parties intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provisions of this Agreement to the contrary, in no event shall the Parties hereto exercise any power or take any action which shall be prohibited by applicable law. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. Further, no term herein is intended nor shall be interpreted as a waiver of any rights, benefits, or other provisions of the Colorado Governmental Immunity Act, as now enacted and as may be amended, or other state or federal law that provides immunity or restrictions or limits of liability to local governments. 25. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of god, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 15 of 20 26. Severability. If any provision of this Agreement is held to be invalid or unenforceable to any extent, the Parties shall meet, confer, and agree on appropriate modifications to this Agreement to ensure that the original intent, obligations, goals, and purposes of this Agreement are satisfied. 27. Authority. Each of the Parties represents to the other Parties that such Party has full power and authority to execute, deliver, and perform this Agreement, that such Party has taken the necessary steps that are lawfully required to execute, deliver, and perform this Agreement, and that the individual(s) executing this Agreement on behalf of such Party are fully empowered and authorized to do so. 28. Venue. Venue for all purposes shall be deemed proper only in the District Court of Larimer County, Colorado. 29. Entire Agreement of the Parties. This Agreement contains the entire agreement of the Parties as to the B Dams and shall be binding on them and their successors. 30. All Other Agreements Unaffected. All other agreements to which the Parties have previously agreed are unaffected by this Agreement. By way of example and not limitation, nothing in this Agreement shall affect North Poudre’s agreements with the U.S. Soil Conservation Service regarding the B Dams that are referenced above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year written below, and subject to the Effective Date as defined in Paragraph 3. SIGNATURE PAGE FOLLOWS DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 16 of 20 CITY OF FORT COLLINS, COLORADO, a municipal corporation By: ______________________________________ Date: Kelly DiMartino, City Manager ATTEST: By: ______________________________________ City Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ City Attorney’s Office DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 17 of 20 LARIMER COUNTY, COLORADO, a political subdivision of the State of Colorado BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO By: ________________________________________ Date: Chair ATTEST: By: ______________________________________ Deputy Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ County Attorney’s Office DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 18 of 20 NORTH POUDRE IRRIGATION COMPANY, a Colorado mutual ditch and reservoir company By: ________________________________________ Date: DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 19 of 20 TOWN OF TIMNATH, COLORADO, a municipal corporation By: ______________________________________ Date: Mark Soukup, Mayor ATTEST: By: ______________________________________ City Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ Town Attorney DRAFT – October 3, 2023 – DRAFT Discussion Purposes Only Page 20 of 20 TOWN OF WELLINGTON, COLORADO, a municipal corporation By: ________________________________________ Date: Calar Chausee, Mayor ATTEST: By: ______________________________________ Ethan Muhs, Town Clerk APPROVED AS TO LEGAL FORM: By: ______________________________________ Town Attorney DRAFT – ______________, 2023– DRAFT Discussion Purposes Only 1 ORDINANCE NO. , 2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND NUMEROUS STAKEHOLDERS REGARDING OPERATION AND MAINTENANCE OF BOXELDER CREEK WATERSHED DAMS (B DAMS B-2, B-3, AND B-4) WHEREAS, the watershed of Boxelder Creek includes various lands in northern Larimer County, including lands in Fort Collins and its municipal boundaries and Growth Management Area; and WHEREAS, Boxelder Creek flows from its headwaters in northern Larimer County generally to the south and southeast, though farmlands and along the developed and developing Interstate 25 corridor through various political boundaries towards its confluence with the Cache la Poudre River in eastern Fort Collins; and WHEREAS, Boxelder Creek is prone to potential flood risks; and WHEREAS, to help address these flood risks, there is a series of dams upstream of Fort Collins known as the Boxelder Creek Watershed Dams, which includes dams B-2, B- 3, B-4, B-5, and B-6, which were constructed in or around the 1970s and 1980s, at a time when there was less development along Boxelder Creek downstream of the B Dams; and WHEREAS, this Ordinance and the Agreement referenced herein only concern the Boxelder Creek Watershed Dams B-2, B-3, and B-4, hereinafter referred to as the “B Dams”; and WHEREAS, Colorado Division of Water Resources, Dam Safety Branch changed the classification of the B Dams from “Moderate Hazard” to “High Hazard” on or around July 11, 2013 pursuant to the Rules and Regulations for Dam Safety and Construction, 2 CCR 402-1, due to the increase in development along and in the Boxelder Creek floodplain below these flood control structures; and WHEREAS, the change of the classification of the B Dams prompted a regional conversation regarding the B Dams, including their operation and maintenance; and WHEREAS, the City, Larimer County, the North Poudre Irrigation Company, the Town of Timnath, and the Town of Wellington (collectively, the “Parties”) each have significant interests related to the B Dams; and WHEREAS, pursuant to the City’s Resolution 2019-079 and relevant authorizations for the other Parties, the Parties funded and performed a joint study of the B Dams (“Study) in order to, among other things, gather the data, facts, and analyses necessary to fully evaluate the B Dams and issues related to flood risks along Boxelder Creek; and DRAFT – ______________, 2023– DRAFT Discussion Purposes Only 2 WHEREAS, using the Study and other relevant information, the Parties have negotiated an agreement regarding the operation and maintenance of the B Dams as set for the in the draft Agreement attached hereto as Exhibit “A”, and incorporated herein by reference; and WHEREAS, the City Manager and City staff have recommended approval of the Agreement by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to execute an Agreement substantially in the form of Exhibit “A”, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading and ordered published this ___ day of ____, 2023, and to be presented for final passage on the ____ day of ____, 2023. Mayor ATTEST: City Clerk Passed and adopted on final reading this ____ day of ____, 2023. Mayor ATTEST: City Clerk DRAFT 1 Work Plan DRAFT 2024 Water Commission Annual Work Plan The 2024 Water Commission Work Plan is focused on specific topics of interest the commissioners believe are important to the Fort Collins Water Utilities and City Council over the next year. The purpose is to dig deeper into topics of interest, keep City Staff resources allocation limited to matters of current relevance, and allow time for commissioners to learn about water-related subjects relevant to City Staff and City Council. Several recurring annual activities are described below in the Water Commission’s specific topics of interest. On an as-needed basis, the Water Commission also provides input on quasi-judicial matters such as floodplain variances, easement dedication, and property acquisition or disposition. Specific topics of interest to the Water Commission in 2024 include: 1. Strategic Planning a. Define how Capital Improvement Projects are prioritized b. How is the City utilizing the linear asset management system and master planning to allocate resources? 2. Halligan Water Supply Project a. City staffing, resource allocation and management structure of the project b. Project cost and project alternative evaluation c. Assist with project messaging d. Ongoing discussion about the Environmental Impact Statement (EIS) and general permitting status e. Property and easement acquisition status 3. Water Conservation a. Residential, Commercial and City landscaping standards, including Landscape Standard Code Update and consideration of how Larimer County Urban Area Street Standards (LCUAASS) contribute or detract from city water conservation goals. DRAFT 2 b. Revisit parkway landscaping standards to limit high water use turf grass on city owned and new development parkways (LCUAASS Appendix C, Section 4.2, 5.3, etc.) What are water use and maintenance impacts compared to alternative landscaping plans? c. 2024 Water Efficiency Plan Update. 4. Northern Integrated Supply Project a. Provide updates on City interactions with NISP and NISP stakeholders. How might NISP contribute to or detract from Primary Outcome goals? 5. New Development Water Allocation and Tap Fees 6. Water Regionalization a. Maintain partnerships with water districts and neighboring cities and towns for issues such as fire recovery and watershed restoration, stream restoration and other issues that impact multiple entities b. Are there opportunities for cost effective and beneficial management of regionalized wastewater basins and storm drainage basins c. Coordination of Water Utilities planning with the City’s Climate Action Plan efforts d. Learn how we could work with neighboring water providers to manage future drought conditions with an understanding in the diversity of water assets The 2024 Water Commission reoccurring annual subjects and activities are as follows: Water 1. Provide input on planning and policies related to raw and treated water supply, such as the Water Supply and Demand Management Policy and raw water acquisition policies. 2. Provide input and guidance on regional water supply collaboration opportunities. 3. Provide input on ditch company share rentals and other surplus raw water rental rates. 4. Review and provide input on water conservation programs and activities. 5. Address educational topics that prepare the Water Commission for business related to water. 6. Participate in educational and public outreach efforts related to water. 7. Review and provide input on annual capital projects and Capital Improvement Plans. 8. Provide input on programs that protect water sources and improve watershed health. 9. Provide input on specific topics that are relevant to the Water Commission. DRAFT 3 Wastewater 1. Provide input on planning and policies related to wastewater, such as wastewater strategic plans dealing with infrastructure financing, workforce development, nutrient regulations, tertiary treatment, and public/private financing options. 2. Provide input on annual business such as wastewater rates and capital improvements. 3. Address educational topics that prepare the Water Commission for business related to wastewater. 4. Participate in educational and public outreach efforts related to wastewater. 5. Review and provide input on annual capital projects and Capital Improvement Plans. 6. Provide input on specific topics that are relevant to the Water Commission. Stormwater 1. Provide input on planning and policies related to stormwater, such as revisions to the Stormwater Master Plans and Low Impact Development (LID) guidelines. 2. Provide input on annual business such as stormwater rates, MS4 (Municipal Separate Storm Sewer Systems) reporting and program accomplishments. 3. Address educational topics that prepare Water Commission for business related to stormwater. 4. Participate in educational and public outreach efforts with emphasis on improving and enhancing customer awareness and understanding of stormwater programs. 5. Review and provide input on annual capital projects and Capital Improvement Plans. 6. Provide input on specific topics that are relevant to the Water Commission.